Australian Legal Dictionary

Terms — A

41 terms starting with A — sourced from official Australian government websites

A
41 terms

In a civil case in the Court of Appeal, if an applicant is supposed to do something by a certain time but does not, the Court can say the applicant has abandoned their case and may…

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Terminate a trial before it is completed.

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Where the time to do something is shortened by the court.

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A person charged with committing a crime. Other words for the accused are 'defendant' and 'alleged offender'.

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When the magistrate, jury or appeal court find that a person is not guilty of the crime.

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A bill that has become law after passing through required legislative steps.

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To transfer a case before the Court to another date or time.

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A break for morning tea, lunch or for legal argument. It can also mean the court has decided to set a new date for the matter to be continued.

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The body of law that regulates the legality of decisions and other actions of government bodies and officials.

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Describes evidence that is allowed to be given in court. Not all evidence is admissible.

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Legal testimonial, documentary or tangible evidence that may be presented in court.

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This means the prosecution lawyers and the defence lawyers will argue about the facts, witnesses, evidence and legal issues.

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A statement that is signed and agreed to in the presence of an authorised witness, such as a justice of the peace. The person signing the legal document states that the contents ar…

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An affidavit setting out how a legal document has been served on (given to) a party.

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A promise to tell the truth (usually in a courtroom) without using a religious book.

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The person in need of protection and for whose benefit a domestic violence order is made.

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A set of specific information agreed by the defence and the prosecution, regarding the charges that are brought before the court. Usually presented after a plea of guilty.

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An accused person's defence or explanation that they did not commit the alleged offence, because they were elsewhere or with somebody else.

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Something that is said but has to be proved, or is yet to be proved.

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The circumstances of the offence proposed by the prosecution.

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Until a person is proved to be guilty of a crime, they are called an 'alleged offender', the 'accused' or the 'defendant'.

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A person claiming to be a victim of a crime.

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A back-up charge in addition to the main charge against the accused. For example, a murder charge accompanied by an alternative charge of manslaughter.

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A type of Indigenous land use agreement.

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A solicitor, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it.

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A person's criminal record and background.

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Records of previous criminal offences, usually with details of conviction, penalties and appeals.

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When a case is taken to a higher court to challenge a decision.

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All documents that the Court needs to consider which are relevant to an appeal. A Registrar decides what documents should be included at an appointment to settle the index to the a…

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To be present in court.

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To be present in court, but in the place of the law firm representing one of the parties.

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A person who appeals against a decision of a court.

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The power given to a court to hear appeals in certain matters.

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The individual, organisation or corporation who applies to the Court to start legal proceedings against another person or persons. Also known as 'plaintiff' in admiralty and corpor…

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The document that starts most proceedings in the Federal Court. Also used as a broad term for what the applicant is doing — making an application.

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'Leave' is permission to do something. For example, if a person has left it too late to appeal, it may be possible to ask the Court for permission to appeal anyway via an applicati…

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Where the details of the charge (called an indictment) are read out to the accused in court.

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When the police take someone into custody to charge them with a crime, or to take them to court.

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A person admitted to the legal profession in an Australian jurisdiction. See also solicitor and barrister.

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An order that has been verified by the court as being genuine and undisputed.

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A judgment in another case or legislation that is relied upon to support a legal argument.

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